By downloading the Licensed Application from
Apple's software distribution platform ( "App Store" )
and
Google's software distribution platform (
"Play Store" ) , and
any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the
terms and conditions of this License
Agreement, and that You accept this License Agreement. App Store and Play
Store are referred to in this License Agreement as
"Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not
bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability,
maintenance and support thereof. Scenicly LLC , not the Services, is solely
responsible for the Licensed Application and the content thereof.
TABLE OF CONTENTS
The
Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the
Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2
.
2 This license will also govern any updates of the Licensed
Application provided by Licensor that replace, repair, and/or supplement the first Licensed
Application, unless a separate license is provided for such update, in which case the
terms of that new license will govern.
2
.
3 You may not share or make the Licensed Application
available to third parties (unless to the degree allowed by the Usage Rules, and with Scenicly LLC 's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
2
.
4 You may not reverse engineer, translate,
disassemble, integrate, decompile, remove, modify, combine, create derivative works or
updates of, adapt, or attempt to derive the source code of the Licensed Application, or any
part thereof (except with Scenicly LLC 's prior written
consent).
2
.
5 You may not copy (excluding when expressly authorized by
this license
and the Usage Rules) or alter the Licensed Application or portions thereof. You may
create and store copies only on devices that You own or control for backup keeping under the
terms of this license , the Usage Rules, and any other terms and
conditions that apply to the device or software used. You may not remove any intellectual
property notices. You acknowledge that no unauthorized
third parties may gain access to these copies
at any time. If you sell your Devices to a third party, you must remove the Licensed
Application from the Devices before doing so.
2
.
6 Violations of the obligations mentioned above, as
well as the attempt of such infringement, may be subject to prosecution and damages.
2
.
7 Licensor reserves the right to modify the terms and
conditions of licensing.
2
.
8 Nothing in this
license should be interpreted to restrict
third-party terms. When using the Licensed Application, You must ensure that You comply with
applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and
support services for this Licensed Application. You can reach the Licensor at the email address listed in the
App Store
or
Play Store Overview for this
Licensed Application.
5. USE OF DATA
You
acknowledge that the Licensor may periodically collect and use technical data and related information about your
device, system, and application software, and peripherals, offer product support, facilitate the software
updates, and for purposes of providing other services to you (if any) related to the Licensed Application.
Licensor may also use this information to improve its products or to provide services or technologies to you, as
long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use
and to authorize us, the
Licensed Application, and other users of the Licensed Application to use your Contributions in any manner
contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by
the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous , slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any
provision of this License
Agreement, or any applicable law or regulation.
Any
use of the Licensed Application in violation of the foregoing violates this
License Agreement and may result in, among other things,
termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Licensed Application or making Contributions accessible to the
Licensed Application by linking your account from the Licensed Application to any of your social networking
accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to
host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and
to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through any media channels.
This
license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do
not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding
your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions;
(2) to recategorize any
Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or
delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
8. LIABILITY
9. WARRANTY
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any
applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar
legislation , including in connection with Your Licensed Application’s use of the
HealthKit and HomeKit
.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is
subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting"
country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the
Licensed Application, please contact:
13. TERMINATION
The license is valid until terminated by Scenicly LLC
or by You. Your rights under this license will terminate automatically and without notice from Scenicly LLC if You fail to adhere to any term(s) of this license . Upon License termination, You shall
stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed
Application.
In Accordance with Section 9 of the
"Instructions for Minimum Terms of Developer's End-User License Agreement,"
both Apple and Google and their subsidiaries
shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of
this License Agreement, both Apple and Google will have the right (and
will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
This License Agreement is governed by the laws of
the State of New York
excluding its conflicts of law rules.